STATUTE

TUHE.PL ONLINE STORE REGULATIONS

TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS OF CONCLUSION OF THE SALES CONTRACT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. DELIVERY COST, METHODS AND TERMS
6. COMPLAINT HANDLING PROCEDURE
7. OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND SEEKING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. PROVISIONS APPLICABLE TO ENTREPRENEURS
10. PRODUCT REVIEWS
11. FINAL PROVISIONS
12. WITHDRAWAL FORM SAMPLE.

1.1. GENERAL PROVISIONS

1.1. The Online Store available at http://www.tuhe.pl is operated by Alena Savitskaya, conducting business under the name TUHE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered into the Central Register and Information on Business Activity of the Republic of Poland, maintained by the minister responsible for economic affairs, with the following business address and correspondence address: ul. Łąkowa 3/5, 90-562 Łódź, NIP: 7272865858, REGON: 524160790, KRS: 0001013062, e-mail address: biurotuhe@gmail.com.

1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Terms and Conditions provides otherwise.

1.3. The Seller is the controller of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions. Personal data are processed for the purposes, for the period, and based on the grounds and principles indicated in the privacy policy (https://aranska.pl/polityka_prywatnosci/) published on the Online Store website. The privacy policy primarily contains the principles regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and period of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4. Definitions:
BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality, to which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.

CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).

ACCOUNT – Electronic Service, a collection of resources in the Service Provider´s IT system, identified by a unique name (login) and password provided by the Service User, which collects data provided by the Service User and information about Orders placed by the Service User in the Online Store.

NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Users to automatically receive periodic newsletters from the Service Provider containing information about Products, new products, and promotions in the Online Store.

PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.

TERMS AND CONDITIONS – these terms and conditions of the Online Store.

ONLINE STORE – the Service Provider´s online store, available at: http://www.tuhe.pl.

SELLER; SERVICE PROVIDER – Alena Savitskaya, conducting business under the name TUHE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (Limited Liability Company), entered into the Central Registration and Information on Business of the Republic of Poland, maintained by the minister responsible for economic affairs, with the following business address and correspondence address: ul. Łąkowa 3/5, 90-562 Łódź, NIP (Taxpayer´s Identification Number): 7272865858, REGON (National Business Registry Number): 524160790, KRS (National Court Register Number): 0001013062, and e-mail address: biurotuhe@gmail.com.

SALES AGREEMENT – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store.

ELECTRONIC SERVICE

NA – a service provided electronically by the Service Provider to the Customer via the Online Store.

SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.

CONSUMER RIGHTS ACT – the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended).

ORDER – a declaration of intent by the Customer submitted via the Order Form, directly aimed at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter. 
2.1.1. Account – the Account can be used after the Service User completes three consecutive steps: (1) completing the Registration Form, (2) clicking the "Create an account" field, and (3) confirming the intention to create an Account by clicking the confirmation link automatically sent to the provided email address. The Registration Form requires the Service User to provide the following information: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and password. For Service Users who are not consumers, the company name and Tax Identification Number (NIP) are also required. 
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without providing a reason, delete their Account (resign from their Account) by sending an appropriate request to the Service Provider, in particular via email to biurotuhe@gmail.com or in writing to ul. Łąkowa 3/5, 90-562 Łódź.

2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. An Order is placed after the Customer completes two consecutive steps – (1) completing the Order Form and (2) clicking the "Confirm Purchase" field on the Online Store website after completing the Order Form. Until then, the Customer can modify the entered data independently (to do so, follow the displayed messages and information available on the Online Store website). The Order Form requires the Customer to provide the following information: name and surname/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), payment method. For Customers who are not consumers, the company name and Tax Identification Number (NIP) are also required. 
2.1.2.1. The Electronic Order Form Service is provided free of charge and is a one-time service. It ends when the Order is placed via the Service Form or when the Service User stops placing an Order via the Service Form. 
2.1.3. Newsletter – the Newsletter is used by providing the email address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Store website and clicking the "Subscribe" field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – upon creating an Account, the Service User is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without providing a reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via email to biurotuhe@gmail.com or in writing to ul. Łąkowa 3/5, 90-562 Łódź.

2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) a current web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and Javascript in the web browser.
2.3. The Service User is obligated to use the Online Store in a manner consistent with the law and good practices.

c. out of respect for the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service User is obligated to provide accurate data. The Service User is prohibited from providing illegal content.
2.4. The complaint procedure for Electronic Services is specified in Section 6 of the Terms and Conditions.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in the Online Store in accordance with Section 2.1.2 of the Terms and Conditions.
3.2. The Product Price displayed on the Online Store website is given in Polish zloty and includes taxes. The Customer is informed of the total price, including taxes, of the Product being the subject of the Order, as well as delivery costs (including transportation, delivery, and postal fees) and other costs, and if the amount of these fees cannot be determined, of the obligation to pay them, on the Online Store website during the Order placement process, including when the Customer expresses their intention to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order in the Online Store in accordance with section 2.1.2 of the Terms and Conditions. 
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by the Seller sending the Customer an appropriate email to the Customer´s email address provided when placing the Order. The email message contains at least the Seller´s statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the email referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller´s Online Store IT system.

4. PRODUCT PAYMENT METHODS AND DEADLINES

4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Cash payment upon delivery.
4.1.2. Payment by bank transfer to the Seller´s bank account.
4.1.3. Payment via PayPal – current payment methods are available on the Online Store website in the payment methods information tab and on the website https://www.paypal.com/pl/webapps/mpp/home
4.1.3.1. Settlements for electronic payment transactions are carried out in accordance with the Customer´s selection via the service. Electronic payments are handled by:
PayPal – PayPal (Europe) S.à r.l. et Cie, S.C.A. is a credit institution (or bank) authorized and supervised by the Luxembourg Financial Sector Supervisory Commission (CSSF). CSSF headquarters: 283, route d’Arlon, L-1150 Luxembourg. 
4.1.4. Electronic payments and card payments via Przelewy24 – current payment methods are available on the Online Store website in the payment methods information tab and on the website https://www.przelewy24.pl (https://www.przelewy24.pl/). 
4.1.4.1. Electronic payment and card transactions are settled via Przelewy24, as selected by the Customer. Electronic payments and payment cards are processed by:
PayPro SA – przelewy24.pl – the entity providing the Service to Users, with its registered office in Poznań, at ul. Kanclerska 15 (60-327), entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court of Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register, under KRS number 0000347935, Tax Identification Number (NIP) 7792369887, with the share capital of PLN 5,476,300.00, fully paid up, and entered into the register of national payment institutions maintained by the Polish Financial Supervision Authority, under number UKNF IP24/2014.

4.2. Payment deadline:
4.2.1. If the Customer chooses to pay by bank transfer or electronic payments, the Customer is obligated to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses cash on delivery, the Customer is obligated to make the payment upon delivery.

PRODUCT DELIVERY

5.1. Product delivery is available within the territory of the Republic of Poland.
5.2. Product delivery to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transportation, delivery, and postal fees) are indicated to the Customer on the Online Store website in the delivery information tab and during the Order placement process, including when the Customer expresses their intention to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following Product delivery methods:
5.3.1. Courier delivery, cash on delivery.
5.3.2. Parcel locker
5.4. The delivery time for the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the Product description or when placing the Order. For Products with different delivery times, the delivery time is the longest specified time, which, however, cannot exceed 7 Business Days. The Product delivery time to the Customer begins as follows:
5.4.1. If the Customer chooses payment by bank transfer, electronic payment, or payment card – from the date the Seller´s bank account or settlement account is credited. 
5.4.2. If the Customer chooses payment by cash on delivery – from the date of conclusion of the Sales Agreement. 
5.5. Product readiness for pickup by the Customer – if the Customer chooses personal pickup of the Product, the Product will be ready for pickup by the Customer within 7 Business Days, unless a shorter period is specified in the Product description or when placing the Order. In the case of Products with different pickup readiness dates, the pickup readiness date is the longest specified date, which, however, cannot exceed 7 Business Days. The Seller will additionally inform the Customer about the Product´s readiness for pickup. The Product readiness for pickup by the Customer begins as follows:
5.5.1. If the Customer chooses to pay by bank transfer or electronic payment – ​​from the date the Seller´s bank account or settlement account is credited.

6. COMPLAINT HANDLING PROCEDURE

6.1. This Section 6 of the Terms and Conditions specifies the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services, and other complaints related to the operation of the Seller or the Online Store.
6.2. The basis and scope of liability are defined by generally applicable laws, in particular the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). 
6.2.1. Detailed provisions regarding complaints regarding a Product – a movable item – purchased by the Customer under a Sales Agreement concluded with the Seller by December 31, 2022 are set forth in the provisions of the Civil Code in the wording applicable until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions specify, in particular, the basis and scope of the Seller´s liability towards the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obligated to deliver the Product to the Customer free of defects. Pursuant to Article 558 § 1 of the Civil Code, the Seller´s liability under the warranty for the Product purchased in accordance with the preceding sentence towards a Customer who is not a consumer is excluded.

6.2.2. Detailed provisions regarding complaints regarding a Product – a movable item (including a movable item with digital elements), but excluding a movable item that serves solely as a carrier of digital content – ​​purchased by the Customer under a Sales Agreement concluded with the Seller on or after January 1, 2023, are specified in the provisions of the Consumer Rights Act in the wording applicable on or after January 1, 2023, in particular Articles 43a–43g of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller´s liability towards the consumer in the event of non-conformity of the Product with the Sales Agreement. 
6.2.3. Detailed provisions regarding complaints regarding a Product – digital content or a service, or a movable item that serves solely as a carrier of digital content – ​​purchased by the Customer under a Sales Agreement concluded with the Seller on or before January 1, 2023, if the delivery of such Product was to take place or took place after that date, are specified in the provisions of the Consumer Rights Act in the wording applicable from January 1, 2023, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller´s liability towards the consumer in the event of non-conformity of the Product with the Sales Agreement.
6.3. A complaint may be submitted, for example:
3/5, 90-562 Łódź. 
6.3.2. in electronic form via email to: biurotuhe@gmail.com

6.4. The Product may be sent or returned as part of a complaint to: ul. Budy.16ZB, 91-610 Łódź.

6.5. It is recommended that the complaint description include: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity or lack of conformity with the contract; (2) a request for a method of achieving compliance with the contract or a declaration of a price reduction, withdrawal from the contract, or other claim; and (3) the contact details of the complainant – this will facilitate and expedite the complaint processing. The requirements specified in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.6. If the complainant changes the contact details provided during the complaint review process, they are obligated to notify the Seller.
6.7. The complainant may attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint to the complaint. The Seller may also request the complainant to provide additional information or send evidence (e.g., photos) if this will facilitate and expedite the Seller´s review of the complaint.
6.8. The Seller will respond to the complaint promptly, no later than 14 calendar days from the date of its receipt.

FINAL PROVISIONS

7.1. Agreements concluded through the Online Store are concluded in Polish.

7.2. Amendments to the Terms and Conditions:
7.2.1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, including: changes in legal provisions; changes in payment and delivery methods – to the extent such changes affect the implementation of the provisions of these Terms and Conditions.
7.2.2. In the event of conclusion of ongoing contracts under these Terms and Conditions (e.g., the provision of an Electronic Service – Account), the amended Terms and Conditions shall be binding on the Service User provided that the requirements specified in Articles 384 and 384[1] of the Civil Code are met, i.e., the Service User has been properly notified of the changes and has not terminated the contract within 15 calendar days of notification. If the amendments to the Terms and Conditions result in the introduction of any new fees or an increase in existing fees, the Service User has the right to withdraw from the contract. 
7.2.3. In the event of conclusion of contracts other than ongoing contracts under these Terms and Conditions (e.g., a Sales Agreement), the amendments to the Terms and Conditions shall not in any way affect the rights of Service Users/Customers acquired prior to the effective date of the amendments to the Terms and Conditions. In particular, the amendments to the Terms and Conditions shall not affect Orders already placed or submitted, or Sales Agreements concluded, executed, or performed.
7.3. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

8. WITHDRAWAL FORM TEMPLATE
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)

Withdrawal form template
(this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee:

Alena Savitskaya

ul. Łąkowa 3/5, 90-562 Łódź. tuhe.pl --sklep
biurotuhe@gmail.com

– I/We(*) hereby inform you of my/our(*) withdrawal from the contract for the sale of the following items(*)/the contract for the supply of the following items(*)/the contract for specific work consisting in the performance of the following items(*)/the provision of the following service(*)

– Date of conclusion of the contract(*)/receipt(*)

– Name and surname of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is submitted in paper form)

– Date

(*) Delete where not applicable.6.3.1. in writing to the following address: ul. Łąkowa5. COST, METHODS, AND DELIVERY TIME